T lost HB by cohabitation; can L evict cohabitee too?

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  • T lost HB by cohabitation; can L evict cohabitee too?

    The tenant was caught by the council for neglecting to mention that her (working) boyfriend had moved in and so they stopped her benefit. We're now completing the court paperwork for eviction under an S8. My question is this: because her boyfriend is now living there and he was not on the original tenancy, do we need to tick the 'trespass' box on the n5?

    I just had a (probably unfounded) fear that if we get a possession order against her then he could stay behind.

  • #2
    You do not need to name the boyfriend on the court papers. When it comes to the eviction the warrant covers the removal of both the tenant and any other persons living there.

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    • #3
      Originally posted by m&m View Post
      I just had a (probably unfounded) fear that if we get a possession order against her then he could stay behind.
      He could stay on, just to make life difficult for you.

      A couple of years back, I had a situation with a couple where she was on the AST, he was not. So put only her name on court papers, she left before hearing, I got possession order but he stayed on after possession date and we had to get bailliffs. He had a dog (pit bull) and had previously threatened violence, so I asked for police assistance on day of eviction. He left the night before bailiffs appointment.

      I don't know what the legalities would be if you put his name on the court papers if he's not on the AST. I wish I had done that, then at least I could have chased them both for the money judgement, particularly as he cost me a further 2 months of rent after she'd gone.

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      • #4
        HavensRus - you cannot simply add someone onto a court summons for possession (or for a money claim either) unless they are party to the letting agreement.

        If you did add a non-tenant onto the possession summons, they could apply using a free legal aid solicitor for their name to be removed, with you paying the costs for wrongly putting them on the claim.

        The reason your man stayed on was because the partner left voluntarily by or just after the possession date whilst he stayed on in contravention of the court order. You then presumably ordered a Warrant of Possession in the partners name and if he had not left, you would have attended with Bailiffs who remove him under the "and any other person living there" right of the Warrant.

        Do not put any person other than those named on the rental agreement on the summons under either S21 or 8 or any other possesion ground - its asking for trouble.

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        • #5
          Fascinating responses. Thank you very much. Your mention of a tenant that threatened violence leads me to another point - we as agents are on all our ASTs as the 'landlord' using the following wording 'Joe Bloggs Ltd on behalf of the landlord as managing agent', so could we go on all the court papers as the landlord too? Would save landlords being worried about reprisals from tenants for evicting them. We don't mind so much - if a year goes by without someone threatening to slit my throat then I'm almost disappointed :-)

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          • #6
            Originally posted by davidjohnbutton View Post
            Do not put any person other than those named on the rental agreement on the summons under either S21 or 8 or any other possesion ground - its asking for trouble.
            Agreed. He wasn't a party to the agreement, and I didn't know what the implications would be if i added his name to the summons, which was why I didn't and erred on the side of caution. It still doesn't stop me wishing I'd done so, and taken my chance.

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            • #7
              Originally posted by m&m View Post
              we as agents are on all our ASTs as the 'landlord' using the following wording 'Joe Bloggs Ltd on behalf of the landlord as managing agent', so could we go on all the court papers as the landlord too?
              the notices/papers etc make allowance for landlord/agent/solicitor, so i suppose no reason why not?

              Originally posted by m&m View Post
              Would save landlords being worried about reprisals from tenants for evicting them. We don't mind so much - if a year goes by without someone threatening to slit my throat then I'm almost disappointed :-)
              exciting life you lead then.....

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              • #8
                Originally posted by m&m View Post
                If a year goes by without someone threatening to slit my throat then I'm almost disappointed.
                But if your throat were to be slit, you wouldn't be?
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

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                • #9
                  Well it would prove that someone (the throat slitter) was as good as their word! A rare thing these days :-)

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